New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 322

322 General requirements about driver giving information to record keeper

(1) This section applies if--

(a) the driver of a fatigue-regulated heavy vehicle is required to record information in the driver's work diary under Division 2; and

(b) the driver's record keeper is a person other than the driver.

(2) The driver must, within 21 days after the day on which the driver drove the vehicle, give a copy of the work diary entry recording the information, including any entry made in a supplementary record recording the information for that day, to each person who was a record keeper for the driver on that day, unless the driver has a reasonable excuse.

: Maximum penalty--$3000.

Editorial note--: See also section 737 (Increase of penalty amounts).

(3) The requirement imposed on the driver by subsection (2) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.

(4) The record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2).

: Maximum penalty--$3000.

Editorial note--: See also section 737 (Increase of penalty amounts).

(5) If the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper--

(a) the record keeper remains liable for an offence against subsection (4); and

(b) the other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.